Recording available for Oct 14 Conference Call

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monica1

monica1

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Recording available for Oct 14 call

http://www.immigration.com/free-community-conference-calls


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Topic: General Immigration Related Questions
Start Time: 1:55PM, EST
End Time: 3:20 PM, EST


Conference Access Number: 402-237-5412
Conference Passcode: 552855


NOTE: This call does not mean that we have agreed to represent you or that there is an attorney-client relationship between us. This is merely a community service. You should discuss the specifics of your case with the attorney representing you.
 
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Hi Rajiv!

I have been in the US on F1 Visa and have been working on OPT for the last year. Now, I moved to a new job which is more like a government research job but since I am not a formal employee they can't let me continue on the OPT extension because of the E-verify program. So, I would have to file for a J1, which they are willing to pursue and pay for from within the US only. Thats good but I am worried about the 2-year Home Residency Requirement which you are well aware of. Now they say that I am being paid through a non-government agency, since its more like government funding an institution for a research program, and they put "no government funds" in the sevis. They also say that they don't object to a waiver if asked for a "sponsor view". Said that, I know I would be subject to this rule because of my skill, which falls under the list.

Now I have a simple and straightforward question:

How tough is to get out of the HRR, looking at my situation, or in other words are there any issues in getting NOC's from INDIA (I am from Punjab)? If there can be issues, what are they and what are the solutions? Also, please suggest Do's and Dont's, if you have any.

Many Thanks

Gaurav
 
EB2 or EB3 with CA qualification

Hi Rajiv,

I did B.Com (Hons.) - 3 years and then CA from India. Have 4 years of IT experience (I have more than 6 years experience as an accountant as well) before joining this company X. First, the attorney said I can file in EB3 only as I don't have 5 years of experience before joining the company and they applied for labor, which got rejected (don't know the reason). Now I requested them for EB2 but they say that since I have not done 4 years' of graduation, my case will always go to EB3. They don't consider CA to be masters. Even if I change my job, the new employer will do it in EB3 only.
What do you suggest? Can't I go ahead with EB3?

Thanks,

iVik123
 
HI,
My husband of 30+ years, went to get his DL here in texas and they wanted his green card which has expired, and they said he can not renew his DL , untill he gets his green card .. which may take up to several months , He enter the US from Scotland when he was a child .. we have two grown adults , own our home . lived in TX for over 24 years ,, why all the hassle ?
 
Hi Rajiv,
My wife had valid unused L2 visa stamped on 16th June 2010, she appeared for H1 visa interview and received 221g blue slip on 16th Sept and also got canceled without prejudice stamp on her existing L2 visa. We have not responded to 221g as employer is not able to get the client letter, Can she get L2 visa re-stamped. If so what are the chances of success. I am in US and have all necessary documents to support her L2 visa.
Please advise. Thanks.
 
Hi Rajiv,
Thanks for taking my question , here is the background info:

1) employer filed labor petition in September 2009 but 6 years on H1 was over by February 2010
2) Knowing that neither Labor nor I140 will get approved before h1 expiry, i decided to switch to F1 visa in January 2010 to pursue MBA
3) My employer meanwhile continued GC process .. After labor approval in April 2010 , employer also agreed to file I140 in Aug 2010 (still pending in Nebraska)

My Question -

# 1> What's the possibility of getting I140 approval since I am currently on F1 and have shown immigration intent by filing 140 petition?

#2> At this point of time, Would you advise to NOT wait for I140 approval rather file for "change of status (f-H)" + H1 Extension (of 1 year), based on Approved/365+ days old labor ?
"Or" would you advise to wait for I140 outcome and then proceed towards "change of status (f-H)" + H1 Extension (of 3 year, assuming positive outcome of I140)

#3> Would you advise filing "change of status (f-H)" + H1 Extension TOGETHER Or Should we 1st seek only H1 extension and then Change of status later ??

Thanks for your advise and great community service!!!!
 
Thanks for this opportunity.
I currently have a valid 2 yr Re-entry permit expiring Dec 2010. I'm an LPR since April 2005 and have been working in the UK since 2008. I've made several trips into the US on the valid permit since then.

I'm planning to return to the US in a month's time to re apply for the I-131 for another 2 years as my work commitments will take me another 2 years. I plan to complete the biometrics and return.

The following are my questions:

a)The I-131 instruction set says that the re-entry permit cannot be extended. I'm assuming that I will need to file a fresh one. What situation would make a strong case that would help in obtaining REP for another 2 years

b) The I-131 also says I cannot file if an existing document is still valid, unless it has been returned to the USCIS or lost. Does that mean I cannot apply for this in November( mine exp jan 2011) or I should enclose/surrender my valid I-131 in the application process when I mail them the supporting docs and appln form.

c) Would I need any additional specific documentation since I'm applying for a second time?
 
EAD to H1B transfer Clarification

Dear Rajiv, Thanks much for your valuable service.

You have earlier provided professional advice to me upon my situation of traveling on an expired Advance Parole, to move back to H1. I have now come back to the US on valid H1 (have applied for EAD & AP renewal, received AP renewal as of now)

As per your advice, my spouse is also about to transfer to H1 (from EAD) by accepting employment with a US Employer.

US Employer's Attorney, Fragomen, as a pre requisite to filing her H1, is making sure to ensure that my spouse
and myself ('coz her 485 is dependent on my GC application) are on valid status towards getting her GC.


Questions:

1. In her initial 2 years of H1 ( yr 2005, 2006) my spouse traveled back to the US on a valid H4 visa stamping, while working on a h1 visa, 'coz her then employer assumed and said that it is valid to do so. Also, in 2008 he made her work even though there was a gap of 3 weeks between her EAD renewals, assuming that her H1 status is valid to allow her work.

Can you suggest if and how the above pose risks towards her H1B petition and how do I disclose them to the Employer's attorney?

2. Her holding an EAD for around 3 years, and working with the same employer who sponsored on h1, would that save her any duration of her 6 years on H1?

3. With the USCIS approving my and spouse's Advance Parole renewal recently, is it any indication of USCIS overlooking my travel on expired AP earlier?

4. My priority date being ( EB2: Nov 2006), am I allowed to re file a 485, as soon as the priority date becomes current?

5. Lastly, could you also suggest if and how I communicate my situation (potential 485 denial 'coz of prior travel on expired AP) to my spouse's Employer Attorney (Fragomen) without risking their filing H1B petition for her.

thanks much.
 
L1 to H1 Change of Status

Hello Rajiv,

I am currently on L1 visa and I have got a employer who can file my COS to H1. However I am travelling to India on Dec 6 and I doubt it would be possible to get the H1 and join the employer before that. My current L1 visa is expired so I need to appear for L1 visa stamping too in this visit. So I have following questions :

1> Is it possible to file COS to H1 now as the quota is there and have a start date of Jan 20, 2011 ?
2> Even with approved COS with start date of Jan 20,2011 , will it be possible to appear at the consulate for L1 stamping ? Or do I need to necessarily appear for H1 stamping ?

Thanks,
 
H4 to H1

Hi Rajiv,
I am currently on H4 visa, pursuing my master's degree. I am seeking a full-time position with a major financial institution, as part of campus recruitment. I plan to graduate in May 2011. The join date is june-july 2011. The employer is willing to sponsor H1.If I get selected for the job,

1) what are the chances of me being able to get a COS to H1 before the start date?
2) Does the start date necessarily have to be April 1, 2011 or Oct 1, 2011?
3) Typically, how long does it take for the H1 approval? How soon should the employer file for my H1, so that I can join in june 2011?
3) Do you foresee any complications, given the fact that I am not eligible for OPT?
4) Can this conversion be done while I am in the US, or does it require me to travel outside the country?

Thank you very much for your time, and the great service!
 
Lca

Hi Rajiv,

This question is regarding filing LCA for H1b. What is the intent of filing LCA ?
Also regrding posting notice of filing LCA in an end client type of situation where the benificiary is working at an off site location Company B and the benificiary is holding a H1 from Company A. Why is it needed to place the notice of filing LCA by Company A on website or notice board of Company B.

Thank you very much
 
WH4, I-94 return, New H1b Filing

Hello Sir,

Thanks in advance.

Here's my status:

I worked in US for 3 years with the same employer on a full time position. First two years were on a different visa and then I had a COS to H1b. I worked on H1b from Oct'08 till Nov'09. My employer didn't pay me as per the H1b LCA agreement so I filed a WH4 complaint, resigned from that job and came back to India in Nov 2009. After returning back to India I got my passport stamped with the new H1b visa because my employer told me that he has not revoked my H1b and would like to pay my back-wages if I would come back to US and join his company again. However, at that same time, I got a better job opportunity here in India and I never returned back to US. I have been working in India since then.

Infact, DOL has finished the investigation and next month I am supposed to receive my back-wages check.

1. The I-94 form is still attached to my passport and looks like the airport authorities forgot to remove it when I came back to India in Nov 2009. I read on a CBP website that if somebody returns via an airliner then no need to send the I-94 back to the Kentucky address as that can be verified while re-entry. However, I am planning to send it back to that Kentucky address with my passport copy, my salary slips, other required documents and a cover letter. Do I also need to mention the reason as to why I got my passport stamped with new H1b visa after returning back to India and why I never used that H1b visa to come back to USA? The only reason why I am asking this is because I just dont want them to feel that I resigned from the H1b job, came back to India and still got the H1b stamp. Any suggestions?

2. As fas as I know, a new employer can file for an H1b petition anytime of the year because I've been already counted in H1b cap and I have used just 1 year on H1b. My previous US employer has not yet revoked the H1b petition. Does the responsibility lie on me or my previous US employer to let USCIS know about my H1b end date(i.e Nov 2009)? Would it have any effect when a new employer would file a H1b petition?

3. Does KY CBP department notify USCIS as well about somebody's status, after receiving a returned I-94 card?
 
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Hello...

I am turning 20 in 2 weeks and currently a student in a community college and may be done this coming spring or summer quarter. I am pursuing of finishing the AA degree for that school.

My dad said that i should start applying for the change of sttus from h4-f1 since my mom's work is at risk till april.

My question is, where do I have to file for f-1, the university im transferring or my current school? (If ever i will apply using myy current school, will i get OPT when I finish on the fall 2011? then i can still get OPT in the university that I will transfer after I finish?) (or if I will apply to the school I'll be transferring and it gets approve before I finish my studies in my current school, what will be the effect of this for me?)

Second, if ever I will apply for f-1, will my H-4 visa be cancelled once I started applying...and if it gets denied, can I still use my H4 to stay here in US? before i become 21

Lastly, is it easy to get approved for an f-1 visa for me? If Ican provide them the proof of financial statement and some other requirements. Because I am not sure if my parents can provide me that big money but there are other relatives and very close family friends who are willing to sponsor me for my study.



Thank you very much. Hope you can help me attorney.

God Bless You!
 
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Pending I - 140

Labor has been approved with priority date Nov 2008. Applied for I 140(regular processing) in July 09. There has been no status update yet. Is it normal for I - 140 to be pending for more than a year ? My 6 yr H1b has expired in Oct and applied yearly renewal based on labor approval. Is it a good idea to upgrade to premium ? Can a service request be opened instead ?

Thanks
 
Hi Rajiv,
I am currently on H-1 visa, with an approved Labor and I-140 under EB-3 category for company A. Things are slow in company A and so I want to look out for other opportunities.

My question is whether it is possible to transfer my current H-1 visa from Company A to Company B.

I would appreciate your feedback on this.

Thank you
 
Changing Roles within the same company while GC in process

Hi Rajiv,
Thanks in advance. I am currently working for this company in Role A. I joined this company few yrs back on fulltime basis in Role A. Company started my Green Card process and i have got approved I-140. My company filed my labor with the Role A. My question is can i change roles with in the company while my green card is under process. There in an opportunity for Role B in my company. Role B is similar to Role A with more added responsibilities of designing the computer applications. I was wondering if there are some provisions (besides refiling of green card) under which a person can switch roles with similar or added responsibilites within the same company while his green card is under process .
 
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GREEN CARD / CHANGE OF EMPLOYER and JOB TITLE

Hi Rajeev Ji


Thank you for the community service.

I am working with Company “A” as “Computer Programmer Analyst”. My Labor and I-140 ( EB - 3 ) is approved through them. Now I have transferred my H1B to Company “B” and would start working as a “Management Analyst” with them soon.

My questions are-

Since my job title and job duties are changing from Computer Programmer Analyst to Management Analyst, can I continue my Green Card process and apply for I 485 through my previous Employer if it opens up in the near future?

OR

Can the new employer file a new PERM application with job duties that are totally different from the first employer's PERM application and still maintain my previous priority date?


THANKS AND GOD BLESS YOU
 
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Hello Rajivji - Thanks a lot for the valuable service you provide

Here is my situation:

1) I am working on EAD since April, 2009 after my H1-B expired. I did not get H1-B extension since there were issues at the time with H1-b approvals
2) My EAD is expiring on Nov-16th,2010 - I realized it late - and I applied for renewal - Receipt date - Sep-17th, 2010.
I am worried with the current trends of EAD approval - I see min 90 days.

My questions are
1) Is there any way - to expidite the proces
2) I am still with same employer who filed H1-B so I was suggested to do new H1-b. if yes -

Do I need to go for visa? If yes do I need to go India? - Can I go to Canada / Mexico?
Are there any issues in switching back to H1-b - besides abiding by H1- regulations.

In case I go for H1-Stamping - can I come back on my advance parole in case my h1-b is not stamped?

3) I understand that its illegal to work with out valid EAD - are there any work-arounds
4) What is the best thing to do for my family - Wife on EAD(Expiring on Nov-16th, 2010) , Kid - 485 Pending - as dependent.

5) If my EAD still gets delayed - are we legal to stay here until I get EAD ( I understand I cant work)

Thank you in advance

Sreeram
 
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Hi Rajiv

I am currently on H1B and planning to go for visa stamping in India. My company changed their location from one address to another address. The new address is about 7 miles from the previous address, but it is in a different county and a different Metropolitan Statistical Area. I know they recommend getting a new LCA if distance is more than 35 miles or if metropolitan area changes. Do you think I would need LCA/ H1B amendement since distance is less than 10 miles but it is in a different metropolitan statistical area.

Thanks & Regards

Ajay Ravichandran
 
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